FINK, J.S.C.
This action was instituted as a "proceeding in lieu of prerogative writs." In my judgment that form of proceeding is inappropriate in this case.
The action is a tort action by multiple plaintiffs for money based upon defendants' alleged wrongful neglect of duty. Plaintiffs' factual contentions in the pretrial order and the statement of issues contained therein make this abundantly clear, and the trial itself proceeded on that theory.
The...
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